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Can my daughter be adopted by her stepfather without her biological father's consent?

Can my daughter be adopted by her stepfather without her biological father's consent?

Full question:

My daughter has requested to be adopted by her stepfather, my husband, who has been the only real father she has had since my divorce from her biological father when she was 4. We have joint custody, with standard visitation rights for him, but he has not had steady visitation since the first 3 years or so after the divorce, and has only seen her twice in the past 3 years. He has a long record of drug possession and DUIs, and moved out of state a year ago. He is about $50,000 behind in child support for her and her older sister who is now 18. My younger daughter is 16 and will be 17 in June. At this point is it necessary to have her biological father agree to give up his parental rights? If so, can physical and financial abandonment be reason to terminate his rights? When she turns 17 can my daughter choose to terminate the legal relationship? How old can a child be to be able to be adopted? At this late age, would it be better to simply change her name legally, and would her biological father have to agree to that? We want to do what is in her best interest, and after considering this for quite some time, she has decided that she wants my husband to be her legal father and to take his last name.

Category: Paternity
Subcategory: Parental Rights
Date: 04/07/2025
State: Texas

Answer:

In Texas, a court can terminate a parent's rights if there is clear and convincing evidence of certain conditions. These include:

Voluntarily leaving the child without support for at least three months;
Endangering the child's well-being;
Failing to support the child for a year;
Being convicted of certain crimes related to child safety;
Abandonment or a history of drug abuse.

Termination must also be in the child's best interest. For adoption, the biological father must usually agree to relinquish his parental rights, unless the court finds sufficient grounds to terminate them involuntarily.

Once your daughter turns 17, she can express her wishes regarding her legal relationship with her biological father, but she cannot unilaterally terminate that relationship. In Texas, a child can be adopted at any age, but parental rights must be terminated first.

If you are considering a name change instead of adoption, the biological father's consent is typically required unless his rights have been terminated. A name change for a minor requires a petition filed in court, and if the child is ten or older, their consent is also needed (Tex. Fam. Code § 45.002).

Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can my stepdad adopt me without my biological father?

In most cases, a stepfather cannot adopt a child without the biological father's consent. However, if the biological father has abandoned the child or has been unfit, such as having a history of drug abuse or failing to provide support, a court may terminate his parental rights without his consent. This process must be in the child's best interest. It's advisable to consult with a family law attorney to understand the specific circumstances and legal options available.

What do I need for my stepdad to adopt me?

To initiate a stepfather adoption, you typically need to file a petition in court. This process often requires the consent of the biological parent unless their rights have been terminated. You may also need to provide evidence of the stepfather's relationship with the child and proof of the biological parent's unfitness or abandonment. It's best to consult with a family law attorney to guide you through the necessary steps.

Can my stepdad adopt me without my dad's permission?

A stepfather can adopt a child without the biological father's permission if the court finds sufficient grounds to terminate the biological father's parental rights. Grounds may include abandonment, failure to support, or a history of criminal behavior affecting child safety. The court will always consider the best interest of the child in such cases. Legal advice from a family law attorney is recommended to navigate this process.

Can a child be adopted without mother's consent?

In general, a child cannot be adopted without the consent of the biological mother unless her parental rights have been terminated by the court. Reasons for termination may include abandonment, neglect, or unfitness. Each case is unique, so it's important to seek legal counsel to understand the specific circumstances and options available for adoption.

Can a biological parent regain custody after adoption?

Once a child is adopted, the biological parent's rights are typically terminated, and they cannot regain custody. Adoption is meant to create a permanent legal relationship between the child and the adoptive parents. In rare cases, if there was fraud or coercion involved in the adoption process, a legal challenge might be possible, but this is uncommon. Consulting with a family law attorney can provide clarity on specific situations.

Is a stepfather still a stepfather after divorce?

Yes, a stepfather remains a stepfather even after a divorce from the child's biological parent. However, his legal rights and responsibilities regarding the child may change. He may not have visitation or custody rights unless established by a court order. The relationship can still be maintained informally, but any legal obligations would cease unless otherwise specified in a court ruling.